HF 2892

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; authorizing disclosure 
  1.3             of information about sex offenders; imposing 
  1.4             additional registration requirements on sex offenders; 
  1.5             establishing procedures for felony offenders who seek 
  1.6             name changes; eliminating the statute of limitations 
  1.7             for certain offenses; expanding the crime of 
  1.8             solicitation to engage in sexual conduct; providing 
  1.9             criminal penalties; clarifying the expungement law; 
  1.10            making certain data about sex offenders available to 
  1.11            law enforcement; appropriating money; amending 
  1.12            Minnesota Statutes 1998, sections 13.54, subdivision 
  1.13            6; 243.166, subdivisions 3, 5, 7, and by adding 
  1.14            subdivisions; 244.052, by adding a subdivision; 
  1.15            259.11; 517.08, subdivisions 1a and 1b; 518.27; 
  1.16            609.352, subdivisions 1 and 2; 609.749, subdivision 2; 
  1.17            609.795, subdivision 1; 609A.03; and 628.26; Minnesota 
  1.18            Statutes 1999 Supplement, sections 13.46, subdivision 
  1.19            2; 243.166, subdivisions 1, 2, 4, and 6; and 244.052, 
  1.20            subdivision 4; proposing coding for new law in 
  1.21            Minnesota Statutes, chapters 176; 243; 259; 299C; and 
  1.22            609. 
  1.23  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.24                             ARTICLE 1 
  1.25                PREDATORY OFFENDER REGISTRATION AND 
  1.26                 COMMUNITY NOTIFICATION PROVISIONS 
  1.27     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.28  243.166, subdivision 1, is amended to read: 
  1.29     Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
  1.30  register under this section if:  
  1.31     (1) the person was charged with or petitioned for a felony 
  1.32  violation of or attempt to violate any of the following, and 
  1.33  convicted of or adjudicated delinquent for that offense or 
  1.34  another offense arising out of the same set of circumstances: 
  2.1      (i) murder under section 609.185, clause (2); or 
  2.2      (ii) kidnapping under section 609.25; or 
  2.3      (iii) criminal sexual conduct under section 609.342; 
  2.4   609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
  2.5      (iv) indecent exposure under section 617.23, subdivision 3; 
  2.6   or 
  2.7      (2) the person was charged with or petitioned for falsely 
  2.8   imprisoning a minor in violation of section 609.255, subdivision 
  2.9   2; soliciting a minor to engage in prostitution in violation of 
  2.10  section 609.322 or 609.324; soliciting a minor to engage in 
  2.11  sexual conduct in violation of section 609.352; using a minor in 
  2.12  a sexual performance in violation of section 617.246; or 
  2.13  possessing pictorial representations of minors in violation of 
  2.14  section 617.247, and convicted of or adjudicated delinquent for 
  2.15  that offense or another offense arising out of the same set of 
  2.16  circumstances; or 
  2.17     (3) the person was convicted of a predatory crime as 
  2.18  defined in section 609.108, and the offender was sentenced as a 
  2.19  patterned sex offender or the court found on its own motion or 
  2.20  that of the prosecutor that the crime was part of a predatory 
  2.21  pattern of behavior that had criminal sexual conduct as its 
  2.22  goal; or 
  2.23     (4) the person was convicted of or adjudicated delinquent 
  2.24  for, including pursuant to a court martial, violating a law of 
  2.25  the United States, including the Uniform Code of Military 
  2.26  Justice, similar to the offenses described in clause (1), (2), 
  2.27  or (3). 
  2.28     (b) A person also shall register under this section if: 
  2.29     (1) the person was convicted of or adjudicated delinquent 
  2.30  in another state for an offense that would be a violation of a 
  2.31  law described in paragraph (a) if committed in this state; 
  2.32     (2) the person enters the state as required in subdivision 
  2.33  3, paragraph (b) to reside, or to work or attend school; and 
  2.34     (3) ten years have not elapsed since the person was 
  2.35  released from confinement or, if the person was not confined, 
  2.36  since the person was convicted of or adjudicated delinquent for 
  3.1   the offense that triggers registration.  
  3.2   For purposes of this paragraph: 
  3.3      (i) "school" includes any public or private educational 
  3.4   institution, including any secondary school, trade or 
  3.5   professional institution, or institution of higher education, 
  3.6   that the person is enrolled in on a full-time or part-time 
  3.7   basis; and 
  3.8      (ii) "work" includes employment that is full time or part 
  3.9   time for a period of time exceeding 14 days or for an aggregate 
  3.10  period of time exceeding 30 days during any calendar year, 
  3.11  whether financially compensated, volunteered, or for the purpose 
  3.12  of government or educational benefit. 
  3.13     (c) A person also shall register under this section if the 
  3.14  person was committed pursuant to a court commitment order under 
  3.15  section 253B.185 or Minnesota Statutes 1992, section 526.10, or 
  3.16  a similar law of another state or the United States, regardless 
  3.17  of whether the person was convicted of any offense. 
  3.18     (d) A person also shall register under this section if: 
  3.19     (1) the person was charged with or petitioned for a felony 
  3.20  violation or attempt to violate any of the offenses listed in 
  3.21  paragraph (a), clause (1), or a similar law of another state or 
  3.22  federal jurisdiction the United States, or the person was 
  3.23  charged with or petitioned for a violation of any of the 
  3.24  offenses listed in paragraph (a), clause (2), or a similar law 
  3.25  of another state or federal jurisdiction the United States; 
  3.26     (2) the person was found not guilty by reason of mental 
  3.27  illness or mental deficiency after a trial for that offense, or 
  3.28  found guilty but mentally ill after a trial for that offense, in 
  3.29  states with a guilty but mentally ill verdict; and 
  3.30     (3) the person was committed pursuant to a court commitment 
  3.31  order under section 253B.18 or a similar law of another state or 
  3.32  federal jurisdiction the United States. 
  3.33     Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  3.34  243.166, subdivision 2, is amended to read: 
  3.35     Subd. 2.  [NOTICE.] When a person who is required to 
  3.36  register under subdivision 1, paragraph (a), is sentenced or 
  4.1   becomes subject to a juvenile court disposition order, the court 
  4.2   shall tell the person of the duty to register under this section 
  4.3   and that, if the person fails to comply with the registration 
  4.4   requirements, information about the offender may be made 
  4.5   available to the public through electronic, computerized, or 
  4.6   other accessible means.  The court may not modify the person's 
  4.7   duty to register in the pronounced sentence or disposition 
  4.8   order.  The court shall require the person to read and sign a 
  4.9   form stating that the duty of the person to register under this 
  4.10  section has been explained.  The court shall forward the signed 
  4.11  sex offender registration form, the complaint, and sentencing 
  4.12  documents to the bureau of criminal apprehension.  If a person 
  4.13  required to register under subdivision 1, paragraph (a), was not 
  4.14  notified by the court of the registration requirement at the 
  4.15  time of sentencing or disposition, the assigned corrections 
  4.16  agent shall notify the person of the requirements of this 
  4.17  section.  When a person who is required to register under 
  4.18  subdivision 1, paragraph (c) or (d), is released from 
  4.19  commitment, the treatment facility shall notify the person of 
  4.20  the requirements of this section.  The treatment facility shall 
  4.21  also obtain the registration information required under this 
  4.22  section and forward it to the bureau of criminal apprehension. 
  4.23     Sec. 3.  Minnesota Statutes 1998, section 243.166, 
  4.24  subdivision 3, is amended to read: 
  4.25     Subd. 3.  [REGISTRATION PROCEDURE.] (a) A person required 
  4.26  to register under this section shall register with the 
  4.27  corrections agent as soon as the agent is assigned to the 
  4.28  person.  If the person does not have an assigned corrections 
  4.29  agent or is unable to locate the assigned corrections agent, the 
  4.30  person shall register with the law enforcement agency that has 
  4.31  jurisdiction in the area of the person's residence. 
  4.32     (b) At least five days before the person starts living at a 
  4.33  new address, including living in another state, the person shall 
  4.34  give written notice of the new living address to the assigned 
  4.35  corrections agent or to the law enforcement authority with which 
  4.36  the person currently is registered.  If the person will be 
  5.1   living in a new state and that state has a registration 
  5.2   requirement, the person shall also give written notice of the 
  5.3   new address to the designated registration agency in the new 
  5.4   state.  The corrections agent or law enforcement authority 
  5.5   shall, within two business days after receipt of this 
  5.6   information, forward it to the bureau of criminal apprehension.  
  5.7   The bureau of criminal apprehension shall, if it has not already 
  5.8   been done, notify the law enforcement authority having primary 
  5.9   jurisdiction in the community where the person will live of the 
  5.10  new address.  If the person is leaving the state, the bureau of 
  5.11  criminal apprehension shall notify the registration authority in 
  5.12  the new state of the new address. 
  5.13     (c) A person required to register under subdivision 1, 
  5.14  paragraph (b), because the person is working or attending school 
  5.15  in Minnesota shall register with the law enforcement agency that 
  5.16  has jurisdiction in the area where the person works or attends 
  5.17  school.  In addition to other information required by this 
  5.18  section, the person shall provide the address of the school or 
  5.19  of the location where the person is employed.  A person must 
  5.20  comply with this paragraph within five days of beginning 
  5.21  employment or school. 
  5.22     (d) A person required to register under this section who 
  5.23  works or attends school outside of Minnesota shall register as a 
  5.24  predatory offender in the state where the person works or 
  5.25  attends school.  The person's corrections agent, or if the 
  5.26  person does not have an assigned corrections agent, the law 
  5.27  enforcement authority that has jurisdiction in the area of the 
  5.28  person's residence shall notify the person of this requirement. 
  5.29     Sec. 4.  Minnesota Statutes 1999 Supplement, section 
  5.30  243.166, subdivision 4, is amended to read: 
  5.31     Subd. 4.  [CONTENTS OF REGISTRATION.] (a) The registration 
  5.32  provided to the corrections agent or law enforcement authority, 
  5.33  must consist of a statement in writing signed by the person, 
  5.34  giving information required by the bureau of criminal 
  5.35  apprehension, a fingerprint card, and photograph of the person 
  5.36  taken at the time of the person's release from incarceration or, 
  6.1   if the person was not incarcerated, at the time the person 
  6.2   initially registered under this section.  Registration 
  6.3   information on adults and juveniles may be maintained together 
  6.4   notwithstanding section 260B.171, subdivision 3.  
  6.5      (b) For persons required to register under subdivision 1, 
  6.6   paragraph (c), following commitment pursuant to a court 
  6.7   commitment under section 253B.185 or a similar law of another 
  6.8   state or the United States, in addition to other information 
  6.9   required by this section, the registration provided to the 
  6.10  corrections agent or law enforcement authority must include the 
  6.11  person's offense history and documentation of treatment received 
  6.12  during the person's commitment.  
  6.13     (c) Within three days of receipt, the corrections agent or 
  6.14  law enforcement authority shall forward the statement, 
  6.15  fingerprint card, and photograph registration information to the 
  6.16  bureau of criminal apprehension.  The bureau shall ascertain 
  6.17  whether the person has registered with the law enforcement 
  6.18  authority where the person resides.  If the person has not 
  6.19  registered with the law enforcement authority, the bureau shall 
  6.20  send one copy to that authority.  
  6.21     (c) (d) During the period a person is required to register 
  6.22  under this section, the following shall apply: 
  6.23     (1) Each year, within 30 days of the anniversary date of 
  6.24  the person's initial registration, The bureau of criminal 
  6.25  apprehension shall mail a verification form to the last reported 
  6.26  address of the person person's residence.  This verification 
  6.27  form shall provide notice to the offender that, if the offender 
  6.28  does not return the verification form as required, information 
  6.29  about the offender may be made available to the public through 
  6.30  electronic, computerized, or other accessible means. 
  6.31     (2) The person shall mail the signed verification form back 
  6.32  to the bureau of criminal apprehension within ten days after 
  6.33  receipt of the form, stating on the form the current and last 
  6.34  address of the person person's residence and other addresses 
  6.35  required under subdivision 4a. 
  6.36     (3) If the person fails to mail the completed and signed 
  7.1   verification form to the bureau of criminal apprehension within 
  7.2   ten days after receipt of the form, the person shall be in 
  7.3   violation of this section. 
  7.4   For persons required to register under subdivision 1, paragraph 
  7.5   (c), following commitment pursuant to a court commitment under 
  7.6   section 253B.185 or a similar law of another state or the United 
  7.7   States, the bureau shall comply with clause (1) at least four 
  7.8   times each year.  For all other persons required to register 
  7.9   under this section, the bureau shall comply with clause (1) each 
  7.10  year within 30 days of the anniversary date of the person's 
  7.11  initial registration. 
  7.12     Sec. 5.  Minnesota Statutes 1998, section 243.166, is 
  7.13  amended by adding a subdivision to read: 
  7.14     Subd. 4a.  [ADDITIONAL INFORMATION REQUIRED TO BE 
  7.15  PROVIDED.] (a) A person required to register under this section 
  7.16  shall provide to the corrections agent or law enforcement 
  7.17  authority: 
  7.18     (1) the address of the person's primary residence; 
  7.19     (2) the addresses of all of the person's secondary 
  7.20  residences, including all addresses used for residential or 
  7.21  recreational purposes; 
  7.22     (3) the addresses of all property owned, leased, or rented 
  7.23  by the person; 
  7.24     (4) the addresses of all locations where the person is 
  7.25  employed; 
  7.26     (5) the addresses of all residences where the person 
  7.27  resides while attending school; and 
  7.28     (6) the year, model, make, and color of all motor vehicles 
  7.29  owned or regularly operated by the person. 
  7.30     (b) The person shall report to the agent or authority 
  7.31  information required to be provided under paragraph (a), clauses 
  7.32  (2) to (6), within five days of the date the clause becomes 
  7.33  applicable.  If because of a change in circumstances the clause 
  7.34  no longer applies to previously reported information, the person 
  7.35  shall immediately inform the agent or authority that the 
  7.36  information is no longer valid. 
  8.1      Sec. 6.  Minnesota Statutes 1998, section 243.166, 
  8.2   subdivision 5, is amended to read: 
  8.3      Subd. 5.  [CRIMINAL PENALTY.] A person required to register 
  8.4   under this section who knowingly violates any of its provisions 
  8.5   or intentionally provides false information to a corrections 
  8.6   agent, law enforcement authority, or the bureau of criminal 
  8.7   apprehension is guilty of a gross misdemeanor felony and may be 
  8.8   sentenced to imprisonment for not more than two years or to 
  8.9   payment of a fine of not more than $4,000, or both.  A person 
  8.10  convicted of or adjudicated delinquent for violating this 
  8.11  section who previously has been convicted under this section is 
  8.12  guilty of a felony and may be sentenced to imprisonment for not 
  8.13  more than five years or to payment of a fine of not more than 
  8.14  $10,000, or both.  
  8.15     Sec. 7.  Minnesota Statutes 1999 Supplement, section 
  8.16  243.166, subdivision 6, is amended to read: 
  8.17     Subd. 6.  [REGISTRATION PERIOD.] (a) Notwithstanding the 
  8.18  provisions of section 609.165, subdivision 1, and except as 
  8.19  provided in paragraphs (b), (c), (d), and (e), a person required 
  8.20  to register under this section shall continue to comply with 
  8.21  this section until ten years have elapsed since the person 
  8.22  initially registered in connection with the offense, or until 
  8.23  the probation, supervised release, or conditional release period 
  8.24  expires, whichever occurs later.  For a person required to 
  8.25  register under this section who is committed under section 
  8.26  253B.18 or 253B.185, the ten-year registration period does not 
  8.27  include the period of commitment. 
  8.28     (b) Unless a longer registration period is required by law, 
  8.29  a person required to register under this section who has been 
  8.30  assigned to risk level II or III under section 244.052 shall 
  8.31  continue to comply with this section until 20 years have elapsed 
  8.32  since the person initially registered in connection with the 
  8.33  offense, or until the probation, supervised release, or 
  8.34  conditional release period expires, whichever occurs later. 
  8.35     (c) If a person required to register under this section 
  8.36  fails to register following a change in residence, the 
  9.1   commissioner of public safety may require the person to continue 
  9.2   to register for an additional period of five years.  
  9.3      (d) If a person is incarcerated in a local or state 
  9.4   correctional facility for a new offense or a violation of the 
  9.5   person's probation, supervised release, or conditional release 
  9.6   after the person first is required to register under this 
  9.7   section, the person shall continue to register until ten years 
  9.8   have elapsed since the person was released from incarceration or 
  9.9   until the person's probation, supervised release, or conditional 
  9.10  release period expires, whichever occurs later. 
  9.11     (e) A person shall continue to comply with this section for 
  9.12  the life of that person:  
  9.13     (1) if the person is convicted of or adjudicated delinquent 
  9.14  for any offense for which registration is required under 
  9.15  subdivision 1, or any offense from another state or any federal 
  9.16  offense similar to the offenses described in subdivision 1, and 
  9.17  the person has a prior conviction or adjudication for an offense 
  9.18  arising out of a separate course of conduct for which 
  9.19  registration was required under subdivision 1, or an offense 
  9.20  from another state or a federal offense similar to an offense 
  9.21  described in subdivision 1; 
  9.22     (2) if the person is required to register based upon a 
  9.23  conviction of or adjudication for delinquency for an offense 
  9.24  under section 609.185, clause (2); 609.342, subdivision 1, 
  9.25  paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 
  9.26  1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, 
  9.27  subdivision 1, paragraph (a), (c), or (g); or 609.345, 
  9.28  subdivision 1, paragraph (a), (c), or (g); or a statute from 
  9.29  another state or the United States similar to the offenses 
  9.30  described in this clause; or 
  9.31     (3) if the person is required to register under subdivision 
  9.32  1, paragraph (c), following commitment pursuant to a court 
  9.33  commitment under section 253B.185 or a similar law of another 
  9.34  state or the United States. 
  9.35     Sec. 8.  Minnesota Statutes 1998, section 243.166, 
  9.36  subdivision 7, is amended to read: 
 10.1      Subd. 7.  [USE OF INFORMATION.] Except as otherwise 
 10.2   provided in section subdivisions 7a and 10 and sections 244.052 
 10.3   and 299C.093, the information provided under this section is 
 10.4   private data on individuals under section 13.01 13.02, 
 10.5   subdivision 12.  The information may be used only for law 
 10.6   enforcement purposes.  
 10.7      Sec. 9.  Minnesota Statutes 1998, section 243.166, is 
 10.8   amended by adding a subdivision to read: 
 10.9      Subd. 7a.  [AVAILABILITY OF INFORMATION ON OFFENDERS WHO 
 10.10  ARE OUT OF COMPLIANCE WITH REGISTRATION LAW.] (a) The bureau of 
 10.11  criminal apprehension may make information available to the 
 10.12  public about offenders who are out of compliance with this 
 10.13  section.  This information may be made available to the public 
 10.14  through electronic, computerized, or other accessible means.  
 10.15  The amount and type of information made available shall be 
 10.16  limited to the information necessary for the public to assist 
 10.17  law enforcement in locating the offender. 
 10.18     (b) Before making information available to the public under 
 10.19  paragraph (a), the bureau of criminal apprehension shall send a 
 10.20  notice to an offender who is out of compliance with the law that 
 10.21  information about the offender may be made public unless the 
 10.22  offender complies with this section within ten days of the 
 10.23  notice's postmark date.  If the offender comes into compliance 
 10.24  with this section within this time period, information about the 
 10.25  offender shall not be made public, but the offender remains 
 10.26  subject to the criminal penalties provided in subdivision 5. 
 10.27     (c) An offender who comes into compliance with this section 
 10.28  after the bureau of criminal apprehension discloses information 
 10.29  about the offender to the public may send a written request to 
 10.30  the bureau requesting the bureau to treat information about the 
 10.31  offender as private data, consistent with subdivision 7.  The 
 10.32  bureau shall review the request and promptly take reasonable 
 10.33  action to treat the data as private, if appropriate, or promptly 
 10.34  notify the offender that the information will continue to be 
 10.35  treated as public information and the reasons for the bureau's 
 10.36  decision. 
 11.1      (d) If an offender believes the information made public 
 11.2   about the offender is inaccurate or incomplete, the offender may 
 11.3   request the bureau of criminal apprehension to correct the 
 11.4   information.  If the bureau finds the information is inaccurate 
 11.5   or incomplete, the bureau shall correct or supplement the 
 11.6   information. 
 11.7      Sec. 10.  Minnesota Statutes 1998, section 243.166, is 
 11.8   amended by adding a subdivision to read: 
 11.9      Subd. 10.  [NOTICE TO DEPARTMENT OF PUBLIC SAFETY.] The 
 11.10  superintendent of the bureau of criminal apprehension shall 
 11.11  notify the commissioner of public safety about individuals who 
 11.12  are required to register under this section.  The notice must 
 11.13  contain the registrant's name and current address and the time 
 11.14  period that the registrant is required to comply with this 
 11.15  section. 
 11.16     Sec. 11.  [243.167] [REGISTRATION UNDER THE PREDATORY 
 11.17  OFFENDER REGISTRATION LAW FOR OTHER OFFENSES.] 
 11.18     (a) In addition to the requirements of section 243.166, a 
 11.19  person also shall register under section 243.166 if: 
 11.20     (1) the person is convicted of a crime against the person, 
 11.21  as defined in paragraph (c); and 
 11.22     (2) the person was previously convicted of or adjudicated 
 11.23  delinquent for an offense listed in section 243.166, subdivision 
 11.24  1, paragraph (a), but was not required to register for the 
 11.25  offense because the registration requirements of that section 
 11.26  did not apply to the person at the time the offense was 
 11.27  committed or at the time the person was released from 
 11.28  imprisonment. 
 11.29     (b) A person who was previously required to register under 
 11.30  section 243.166 and who has completed the registration 
 11.31  requirements of that section shall again register under section 
 11.32  243.166 if the person commits a crime against the person, as 
 11.33  defined in paragraph (c). 
 11.34     (c) As used in this section, "crime against the person" 
 11.35  means a violation of any of the following:  section 609.165; 
 11.36  609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 
 12.1   609.223; 609.224, subdivision 2; 609.2242, subdivision 2 or 4; 
 12.2   609.235; 609.245, subdivision 1; 609.25; 609.255; 609.3451, 
 12.3   subdivision 2; 609.498, subdivision 1; 609.582, subdivision 1; 
 12.4   or 617.23, subdivision 2; or any felony-level violation of 
 12.5   section 609.229; 609.377; 609.749; or 624.713. 
 12.6      Sec. 12.  Minnesota Statutes 1999 Supplement, section 
 12.7   244.052, subdivision 4, is amended to read: 
 12.8      Subd. 4.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
 12.9   INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 
 12.10  area where the sex offender resides, expects to reside, is 
 12.11  employed, or is regularly found, shall disclose to the public 
 12.12  any information regarding the offender contained in the report 
 12.13  forwarded to the agency under subdivision 3, paragraph (f), that 
 12.14  is relevant and necessary to protect the public and to 
 12.15  counteract the offender's dangerousness, consistent with the 
 12.16  guidelines in paragraph (b).  The extent of the information 
 12.17  disclosed and the community to whom disclosure is made must 
 12.18  relate to the level of danger posed by the offender, to the 
 12.19  offender's pattern of offending behavior, and to the need of 
 12.20  community members for information to enhance their individual 
 12.21  and collective safety. 
 12.22     (b) The law enforcement agency shall employ the following 
 12.23  guidelines in determining the scope of disclosure made under 
 12.24  this subdivision: 
 12.25     (1) if the offender is assigned to risk level I, the agency 
 12.26  may maintain information regarding the offender within the 
 12.27  agency and may disclose it to other law enforcement agencies.  
 12.28  Additionally, the agency may disclose the information to any 
 12.29  victims of or witnesses to the offense committed by the 
 12.30  offender. The agency shall disclose the information to victims 
 12.31  of the offense committed by the offender who have requested 
 12.32  disclosure; 
 12.33     (2) if the offender is assigned to risk level II, the 
 12.34  agency also may disclose the information to agencies and groups 
 12.35  that the offender is likely to encounter for the purpose of 
 12.36  securing those institutions and protecting individuals in their 
 13.1   care while they are on or near the premises of the institution.  
 13.2   These agencies and groups include the staff members of public 
 13.3   and private educational institutions, day care establishments, 
 13.4   and establishments and organizations that primarily serve 
 13.5   individuals likely to be victimized by the offender.  The agency 
 13.6   also may disclose the information to individuals the agency 
 13.7   believes are likely to be victimized by the offender.  The 
 13.8   agency's belief shall be based on the offender's pattern of 
 13.9   offending or victim preference as documented in the information 
 13.10  provided by the department of corrections or human services; 
 13.11     (3) if the offender is assigned to risk level III, the 
 13.12  agency shall disclose the information to the persons and 
 13.13  entities described in clauses (1) and (2) and to other members 
 13.14  of the community whom the offender is likely to encounter, 
 13.15  unless the law enforcement agency determines that public safety 
 13.16  would be compromised by the disclosure or that a more limited 
 13.17  disclosure is necessary to protect the identity of the victim. 
 13.18     Notwithstanding the assignment of a sex offender to risk 
 13.19  level II or III, a law enforcement agency may not make the 
 13.20  disclosures permitted or required by clause (2) or (3), if:  the 
 13.21  offender is placed or resides in a residential facility.  
 13.22  However, if an offender is placed or resides in a residential 
 13.23  facility, the offender and the head of the facility shall 
 13.24  designate the offender's likely residence upon release from the 
 13.25  facility and the head of the facility shall notify the 
 13.26  commissioner of corrections or the commissioner of human 
 13.27  services of the offender's likely residence at least 14 days 
 13.28  before the offender's scheduled release date.  The commissioner 
 13.29  shall give this information to the law enforcement agency having 
 13.30  jurisdiction over the offender's likely residence.  The head of 
 13.31  the residential facility also shall notify the commissioner of 
 13.32  corrections or human services within 48 hours after finalizing 
 13.33  the offender's approved relocation plan to a permanent 
 13.34  residence.  Within five days after receiving this notification, 
 13.35  the appropriate commissioner shall give to the appropriate law 
 13.36  enforcement agency all relevant information the commissioner has 
 14.1   concerning the offender, including information on the risk 
 14.2   factors in the offender's history and the risk level to which 
 14.3   the offender was assigned.  After receiving this information, 
 14.4   the law enforcement agency shall make the disclosures permitted 
 14.5   or required by clause (2) or (3), as appropriate. 
 14.6      (c) As used in paragraph (b), clauses (2) and (3), "likely 
 14.7   to encounter" means that:  
 14.8      (1) the organizations or community members are in a 
 14.9   location or in close proximity to a location where the offender 
 14.10  lives or is employed, or which the offender visits or is likely 
 14.11  to visit on a regular basis, other than the location of the 
 14.12  offender's outpatient treatment program; and 
 14.13     (2) the types of interaction which ordinarily occur at that 
 14.14  location and other circumstances indicate that contact with the 
 14.15  offender is reasonably certain. 
 14.16     (d) A law enforcement agency or official who discloses 
 14.17  information under this subdivision shall make a good faith 
 14.18  effort to make the notification within 14 days of receipt of a 
 14.19  confirmed address from the department of corrections indicating 
 14.20  that the offender will be, or has been, released from 
 14.21  confinement, or accepted for supervision, or has moved to a new 
 14.22  address and will reside at the address indicated.  If a change 
 14.23  occurs in the release plan, this notification provision does not 
 14.24  require an extension of the release date.  
 14.25     (e) A law enforcement agency or official who discloses 
 14.26  information under this subdivision shall not disclose the 
 14.27  identity or any identifying characteristics of the victims of or 
 14.28  witnesses to the offender's offenses. 
 14.29     (f) A law enforcement agency shall continue to disclose 
 14.30  information on an offender as required by this subdivision for 
 14.31  as long as the offender is required to register under section 
 14.32  243.166.  
 14.33     (g) A law enforcement agency that is disclosing information 
 14.34  on an offender assigned to risk level III to the public under 
 14.35  this subdivision shall inform the commissioner of corrections 
 14.36  what information is being disclosed and forward this information 
 15.1   to the commissioner within two days of the agency's 
 15.2   determination.  The commissioner shall post this information on 
 15.3   the Internet as required in subdivision 4b. 
 15.4      Sec. 13.  Minnesota Statutes 1998, section 244.052, is 
 15.5   amended by adding a subdivision to read:  
 15.6      Subd. 4b.  [LEVEL III OFFENDERS; MANDATORY POSTING OF 
 15.7   INFORMATION ON INTERNET.] The commissioner of corrections shall 
 15.8   create and maintain an Internet Web site and post on the site 
 15.9   the information about offenders assigned to risk level III 
 15.10  forwarded by law enforcement agencies under subdivision 4, 
 15.11  paragraph (g).  This information must be updated in a timely 
 15.12  manner to account for changes in the offender's address and 
 15.13  maintained for the period of time that the offender remains 
 15.14  subject to community notification as a level III offender. 
 15.15     Sec. 14.  [299C.093] [DATABASE OF REGISTERED PREDATORY 
 15.16  OFFENDERS.] 
 15.17     The superintendent of the bureau of criminal apprehension 
 15.18  shall maintain a computerized data system relating to 
 15.19  individuals required to register as predatory offenders under 
 15.20  section 243.166.  To the degree feasible, the system must 
 15.21  include the information required to be provided under section 
 15.22  243.166, subdivision 4, and indicate the time period that the 
 15.23  person is required to register.  The superintendent shall 
 15.24  maintain this information in a manner that ensures that it is 
 15.25  readily available to law enforcement agencies.  This information 
 15.26  is private data on individuals under section 13.02, subdivision 
 15.27  12, but may be used for law enforcement and corrections purposes.
 15.28     Sec. 15.  [APPROPRIATIONS.] 
 15.29     Subdivision 1.  [CRIMINAL APPREHENSION.] $....... is 
 15.30  appropriated from the general fund to the superintendent of the 
 15.31  bureau of criminal apprehension for the fiscal year ending June 
 15.32  30, 2001.  Of this amount: 
 15.33     (1) $....... is for the bureau's criminal assessment 
 15.34  program and is to be used to improve the sex offender registry 
 15.35  and the missing persons clearinghouse and to provide analytical 
 15.36  support services; 
 16.1      (2) $....... is for costs associated with requiring longer 
 16.2   registration periods for predatory offenders under Minnesota 
 16.3   Statutes, section 243.166, subdivision 6. 
 16.4      Subd. 2.  [CORRECTIONS.] $....... is appropriated from the 
 16.5   general fund to the commissioner of corrections for the fiscal 
 16.6   year ending June 30, 2001, for costs associated with complying 
 16.7   with Minnesota Statutes, section 244.052. 
 16.8      Sec. 16.  [EFFECTIVE DATE.] 
 16.9      Sections 2, 8, and 9, and the provisions of section 4 that 
 16.10  pertain to making information available to the public through 
 16.11  electronic, computerized, or other accessible means are 
 16.12  effective August 1, 2000, and apply to offenders who are out of 
 16.13  compliance with Minnesota Statutes, section 243.166, on or after 
 16.14  that date.  
 16.15     Section 6 is effective January 1, 2001, and applies to 
 16.16  crimes committed on or after that date.  
 16.17     The provisions of section 7 that pertain to lifetime 
 16.18  registration are effective July 1, 2000, and apply to persons 
 16.19  who commit offenses requiring lifetime registration on or after 
 16.20  that date.  
 16.21     The following provisions are effective August 1, 2000, and 
 16.22  apply to crimes committed on or after that date and to crimes 
 16.23  committed before that date if the person has not been released 
 16.24  or discharged from sentence before August 1, 2000:  (1) the 
 16.25  provision of section 7 requiring level II and III offenders to 
 16.26  register for 20 years; and (2) section 10, except for the 
 16.27  provision in Minnesota Statutes, section 243.167, paragraph (b). 
 16.28     The remaining provision in section 10 is effective August 
 16.29  1, 2000, and applies to crimes committed on or after that date. 
 16.30     Sections 11 and 12 are effective August 1, 2000, and apply 
 16.31  to all offenders classified at risk level III and subject to 
 16.32  community notification under Minnesota Statutes, section 
 16.33  244.052, on or after that date. 
 16.34                             ARTICLE 2
 16.35                       NAME CHANGE PROVISIONS
 16.36     Section 1.  Minnesota Statutes 1998, section 259.11, is 
 17.1   amended to read: 
 17.2      259.11 [ORDER; FILING COPIES.] 
 17.3      (a) Upon meeting the requirements of section 259.10, the 
 17.4   court shall grant the application unless:  (1) it finds that 
 17.5   there is an intent to defraud or mislead; (2) section 259.13 
 17.6   prohibits granting the name change; or (3) in the case of the 
 17.7   change of a minor child's name, the court finds that such name 
 17.8   change is not in the best interests of the child.  The court 
 17.9   shall set forth in the order the name and age of the applicant's 
 17.10  spouse and each child of the applicant, if any, and shall state 
 17.11  a description of the lands, if any, in which the applicant and 
 17.12  the spouse and children, if any, claim to have an interest.  The 
 17.13  court administrator shall file such order, and record the same 
 17.14  in the judgment book.  If lands be described therein, a 
 17.15  certified copy of the order shall be filed for record, by the 
 17.16  applicant, with the county recorder of each county wherein any 
 17.17  of the same are situated.  Before doing so the court 
 17.18  administrator shall present the same to the county auditor who 
 17.19  shall enter the change of name in the auditor's official records 
 17.20  and note upon the instrument, over an official signature, the 
 17.21  words "change of name recorded."  Any such order shall not be 
 17.22  filed, nor any certified copy thereof be issued, until the 
 17.23  applicant shall have paid to the county recorder and court 
 17.24  administrator the fee required by law.  No application shall be 
 17.25  denied on the basis of the marital status of the applicant. 
 17.26     (b) When a person applies for a name change, the court 
 17.27  shall determine whether the person has been convicted of a 
 17.28  felony in this or any other state.  If so, the court shall, 
 17.29  within ten days after the name change application is granted, 
 17.30  report the name change to the bureau of criminal apprehension.  
 17.31  The person whose name is changed shall also report the change to 
 17.32  the bureau of criminal apprehension within ten days.  The court 
 17.33  granting the name change application must explain this reporting 
 17.34  duty in its order.  Any person required to report the person's 
 17.35  name change to the bureau of criminal apprehension who fails to 
 17.36  report the name change as required under this paragraph is 
 18.1   guilty of a gross misdemeanor. 
 18.2      Sec. 2.  [259.115] [PENALTY.] 
 18.3      A person who has been convicted of a felony in this state 
 18.4   or another state and who, upon marriage, uses a different 
 18.5   surname from that used before marriage without complying with 
 18.6   section 259.13 is guilty of a gross misdemeanor. 
 18.7      Sec. 3.  [259.13] [CONVICTED FELONS; NAME CHANGES.] 
 18.8      Subdivision 1.  [PROCEDURE FOR SEEKING NAME CHANGE.] A 
 18.9   person convicted of a felony under Minnesota law or the law of 
 18.10  some other state or federal jurisdiction must serve a notice of 
 18.11  application for a name change and a certified copy of the 
 18.12  person's felony convictions on the prosecuting authority that 
 18.13  obtained the felony conviction against the person.  The notice 
 18.14  of application for name change must also be sent via first class 
 18.15  mail to the victim of the crime, if any; the person's 
 18.16  corrections agent, if any; and the law enforcement agency that 
 18.17  investigated the charge that resulted in the felony conviction.  
 18.18  This section applies to a name change issued through one of the 
 18.19  following procedures: 
 18.20     (1) an application for a name change under section 259.10; 
 18.21     (2) a request for a name change as part of an application 
 18.22  for a marriage license under section 517.08; or 
 18.23     (3) a request for a name change in conjunction with a 
 18.24  marriage dissolution under section 518.27. 
 18.25  A person who seeks a name change under section 259.10 or 518.27 
 18.26  must file proof of service with the court as part of the name 
 18.27  change request.  A person who seeks a name change under section 
 18.28  517.08 must file proof of service with the county as part of the 
 18.29  application for a marriage license.  The name change request may 
 18.30  not be granted during the 30-day period provided for in 
 18.31  subdivision 2 or, if an objection is filed under subdivision 2, 
 18.32  until satisfaction of the requirements in subdivision 3 or 4.  
 18.33  Nothing in this section shall delay the granting of a marriage 
 18.34  license under section 517.08, which may be granted without the 
 18.35  name change. 
 18.36     Subd. 2.  [OBJECTION BY PROSECUTING AUTHORITY.] At any time 
 19.1   within 30 days from the date of service of the notice of 
 19.2   application for a name change under this section, the 
 19.3   prosecuting authority may file an objection to the application 
 19.4   for a name change with the district court.  The prosecuting 
 19.5   authority may object to the name change request on the basis 
 19.6   that the request aims to defraud, mislead, or harass, is not 
 19.7   made in good faith, will cause injury to a person, or will 
 19.8   compromise public safety.  If the prosecuting authority files an 
 19.9   objection to the application for a name change within this time 
 19.10  period, the court shall not grant the name change request, and 
 19.11  the county shall not allow the name change as part of a marriage 
 19.12  license. 
 19.13     Subd. 3.  [MOTION TO GRANT NAME CHANGE REQUEST.] A person 
 19.14  who seeks a name change may contest the prosecuting authority's 
 19.15  objection by filing a motion with the court in the county of the 
 19.16  prosecuting authority for an order permitting the requested name 
 19.17  change.  Except as provided in subdivision 4, no name change 
 19.18  shall be granted unless the person requesting the name change 
 19.19  proves by clear and convincing evidence that the name change 
 19.20  request is not based upon an intent to defraud, mislead, or 
 19.21  harass, is made in good faith, will not cause injury to a 
 19.22  person, and will not compromise public safety. 
 19.23     Subd. 4.  [CONSTITUTIONAL RIGHT TO NAME CHANGE.] The court 
 19.24  must grant a name change if failure to allow it would infringe 
 19.25  on a constitutional right of the person after balancing the 
 19.26  person's constitutional right against the harm to public safety 
 19.27  that may result from the name change. 
 19.28     Subd. 5.  [COSTS.] A person seeking a name change under 
 19.29  this section may proceed in forma pauperis only when the failure 
 19.30  to allow the name change would infringe upon a constitutional 
 19.31  right. 
 19.32     Sec. 4.  Minnesota Statutes 1998, section 517.08, 
 19.33  subdivision 1a, is amended to read: 
 19.34     Subd. 1a.  Application for a marriage license shall be made 
 19.35  upon a form provided for the purpose and shall contain the 
 19.36  following information: 
 20.1      (1) the full names of the parties and the sex of each 
 20.2   party; 
 20.3      (2) their post office addresses and county and state of 
 20.4   residence; 
 20.5      (3) their full ages; 
 20.6      (4) if either party has previously been married, the 
 20.7   party's married name, and the date, place and court in which the 
 20.8   marriage was dissolved or annulled or the date and place of 
 20.9   death of the former spouse; 
 20.10     (5) if either party is a minor, the name and address of the 
 20.11  minor's parents or guardian; 
 20.12     (6) whether the parties are related to each other, and, if 
 20.13  so, their relationship; 
 20.14     (7) the name and date of birth of any child of which both 
 20.15  parties are parents, born before the making of the application, 
 20.16  unless their parental rights and the parent and child 
 20.17  relationship with respect to the child have been terminated; 
 20.18     (8) address of the bride and groom after the marriage to 
 20.19  which the court administrator shall send a certified copy of the 
 20.20  marriage certificate; and 
 20.21     (9) the full names the parties will have after marriage and 
 20.22  the parties' social security numbers.  The social security 
 20.23  numbers must be collected for the application but must not 
 20.24  appear on the marriage license; and 
 20.25     (10) if one or both of the parties to the marriage license 
 20.26  has been convicted of a felony as described in section 259.13, 
 20.27  the parties shall provide to the county proof of service upon 
 20.28  the prosecuting authority, as required by section 259.13. 
 20.29     Sec. 5.  Minnesota Statutes 1998, section 517.08, 
 20.30  subdivision 1b, is amended to read: 
 20.31     Subd. 1b.  [TERM OF LICENSE; FEE.] (a) The court 
 20.32  administrator shall examine upon oath the party applying for a 
 20.33  license relative to the legality of the contemplated marriage.  
 20.34  If at the expiration of a five-day period, on being satisfied 
 20.35  that there is no legal impediment to it, including the 
 20.36  restriction contained in section 259.13, the court administrator 
 21.1   shall issue the license, containing the full names of the 
 21.2   parties before and after marriage, and county and state of 
 21.3   residence, with the district court seal attached, and make a 
 21.4   record of the date of issuance.  The license shall be valid for 
 21.5   a period of six months.  In case of emergency or extraordinary 
 21.6   circumstances, a judge of the district court of the county in 
 21.7   which the application is made, may authorize the license to be 
 21.8   issued at any time before the expiration of the five days.  The 
 21.9   court administrator shall collect from the applicant a fee of 
 21.10  $70 for administering the oath, issuing, recording, and filing 
 21.11  all papers required, and preparing and transmitting to the state 
 21.12  registrar of vital statistics the reports of marriage required 
 21.13  by this section.  If the license should not be used within the 
 21.14  period of six months due to illness or other extenuating 
 21.15  circumstances, it may be surrendered to the court administrator 
 21.16  for cancellation, and in that case a new license shall issue 
 21.17  upon request of the parties of the original license without 
 21.18  fee.  A court administrator who knowingly issues or signs a 
 21.19  marriage license in any manner other than as provided in this 
 21.20  section shall pay to the parties aggrieved an amount not to 
 21.21  exceed $1,000. 
 21.22     (b) If section 259.13 applies to the request for a marriage 
 21.23  license, the court administrator shall grant the marriage 
 21.24  license without the requested name change.  Alternatively, the 
 21.25  court administrator may delay the granting of the marriage 
 21.26  license until the party with the felony conviction certifies 
 21.27  under oath that 30 days have passed since service of the notice 
 21.28  for a name change upon the prosecuting authority and no 
 21.29  objection has been filed under section 259.13, or until the 
 21.30  party seeking the name change provides a certified copy of the 
 21.31  court order granting the name change.  The parties seeking the 
 21.32  marriage license shall have the right to choose to have the 
 21.33  license granted without the name change or to delay the granting 
 21.34  of the license pending further action on the name change request.
 21.35     Sec. 6.  Minnesota Statutes 1998, section 518.27, is 
 21.36  amended to read: 
 22.1      518.27 [NAME OF PARTY.] 
 22.2      Except as provided in section 259.13, in the final decree 
 22.3   of dissolution or legal separation the court shall, if requested 
 22.4   by a party, change the name of that party to another name as the 
 22.5   party requests.  The court shall grant a request unless it finds 
 22.6   that there is an intent to defraud or mislead, unless the name 
 22.7   change is subject to section 259.13, in which case the 
 22.8   requirements of that section apply.  The party's new name shall 
 22.9   be so designated in the final decree.  
 22.10     Sec. 7.  [EFFECTIVE DATE.] 
 22.11     Sections 1 and 3 to 6 are effective August 1, 2000, and 
 22.12  apply to proceedings for a name change commenced on or after 
 22.13  that date.  Section 2 is effective August 1, 2000, and applies 
 22.14  to crimes committed on or after that date. 
 22.15                             ARTICLE 3
 22.16                CRIMINAL AND EXPUNGEMENT PROVISIONS 
 22.17     Section 1.  Minnesota Statutes 1998, section 609.352, 
 22.18  subdivision 1, is amended to read: 
 22.19     Subdivision 1.  [DEFINITIONS.] As used in this section: 
 22.20     (a) "child" means a person under the age of 15 years of age 
 22.21  or younger; 
 22.22     (b) "sexual conduct" means sexual contact of the 
 22.23  individual's primary genital area, sexual penetration as defined 
 22.24  in section 609.341, or sexual performance as defined in section 
 22.25  617.246; and 
 22.26     (c) "solicit" means commanding, entreating, or attempting 
 22.27  to persuade a specific person in any manner, including in 
 22.28  person, by telephone, by letter, or by computerized or other 
 22.29  electronic means. 
 22.30     Sec. 2.  Minnesota Statutes 1998, section 609.352, 
 22.31  subdivision 2, is amended to read: 
 22.32     Subd. 2.  [PROHIBITED ACT.] A person 18 years of age or 
 22.33  older who solicits a child or someone the person reasonably 
 22.34  believes is a child to engage in sexual conduct with intent to 
 22.35  engage in sexual conduct is guilty of a felony and may be 
 22.36  sentenced to imprisonment for not more than three years, or to 
 23.1   payment of a fine of not more than $5,000, or both. 
 23.2      Sec. 3.  [609.353] [JURISDICTION.] 
 23.3      A violation or attempted violation of section 609.322, 
 23.4   609.342, 609.343, 609.344, 609.345, 609.3451, or 609.352 may be 
 23.5   prosecuted in any jurisdiction in which the violation originates 
 23.6   or terminates. 
 23.7      Sec. 4.  Minnesota Statutes 1998, section 609.749, 
 23.8   subdivision 2, is amended to read: 
 23.9      Subd. 2.  [HARASSMENT AND STALKING CRIMES.] (a) A person 
 23.10  who harasses another by committing any of the following acts is 
 23.11  guilty of a gross misdemeanor: 
 23.12     (1) directly or indirectly manifests a purpose or intent to 
 23.13  injure the person, property, or rights of another by the 
 23.14  commission of an unlawful act; 
 23.15     (2) stalks, follows, or pursues another; 
 23.16     (3) returns to the property of another if the actor is 
 23.17  without claim of right to the property or consent of one with 
 23.18  authority to consent; 
 23.19     (4) repeatedly makes telephone calls, or induces a victim 
 23.20  to make telephone calls to the actor, whether or not 
 23.21  conversation ensues; 
 23.22     (5) makes or causes the telephone of another repeatedly or 
 23.23  continuously to ring; 
 23.24     (6) repeatedly mails or delivers or causes the delivery by 
 23.25  any means, including electronically, of letters, telegrams, 
 23.26  messages, packages, or other objects; or 
 23.27     (7) knowingly makes false allegations against a peace 
 23.28  officer concerning the officer's performance of official duties 
 23.29  with intent to influence or tamper with the officer's 
 23.30  performance of official duties. 
 23.31     (b) The conduct described in paragraph (a), clauses (4) and 
 23.32  (5), may be prosecuted at the place where any call is either 
 23.33  made or received.  The conduct described in paragraph (a), 
 23.34  clause (6), may be prosecuted where any letter, telegram, 
 23.35  message, package, or other object is either sent or received. 
 23.36     (c) A peace officer may not make a warrantless, custodial 
 24.1   arrest of any person for a violation of paragraph (a), clause 
 24.2   (7). 
 24.3      Sec. 5.  Minnesota Statutes 1998, section 609.795, 
 24.4   subdivision 1, is amended to read: 
 24.5      Subdivision 1.  [MISDEMEANORS.] Whoever does any of the 
 24.6   following is guilty of a misdemeanor: 
 24.7      (1) knowing that the actor does not have the consent of 
 24.8   either the sender or the addressee, intentionally opens any 
 24.9   sealed letter, telegram, or package addressed to another; or 
 24.10     (2) knowing that a sealed letter, telegram, or package has 
 24.11  been opened without the consent of either the sender or 
 24.12  addressee, intentionally publishes any of the contents thereof; 
 24.13  or 
 24.14     (3) with the intent to abuse, disturb, or cause distress, 
 24.15  repeatedly uses the mails or delivers or causes the delivery by 
 24.16  any means, including electronically, of letters, telegrams, or 
 24.17  packages. 
 24.18     Sec. 6.  Minnesota Statutes 1998, section 609A.03, is 
 24.19  amended to read: 
 24.20     609A.03 [PETITION TO EXPUNGE CRIMINAL RECORDS.] 
 24.21     Subdivision 1.  [PETITION; FILING FEE.] An individual who 
 24.22  is the subject of a criminal record who is seeking the 
 24.23  expungement of the record shall file a petition under this 
 24.24  section and pay a filing fee in the amount required under 
 24.25  section 357.021, subdivision 2, clause (1).  The filing fee may 
 24.26  be waived in cases of indigency and shall be waived in the cases 
 24.27  described in section 609A.02, subdivision 3.  
 24.28     Subd. 2.  [CONTENTS OF PETITION.] A petition for 
 24.29  expungement shall be signed under oath by the petitioner and 
 24.30  shall state the following: 
 24.31     (1) the petitioner's full name and all other legal names or 
 24.32  aliases by which the petitioner has been known at any time; 
 24.33     (2) the petitioner's date of birth; 
 24.34     (3) all of the petitioner's addresses from the date of the 
 24.35  offense or alleged offense in connection with which an 
 24.36  expungement order is sought, to the date of the petition; 
 25.1      (4) why expungement is sought, if it is for employment or 
 25.2   licensure purposes, the statutory or other legal authority under 
 25.3   which it is sought, and why it should be granted; 
 25.4      (5) the details of the offense or arrest for which 
 25.5   expungement is sought, including date and jurisdiction of the 
 25.6   occurrence, court file number, and date of conviction or of 
 25.7   dismissal; 
 25.8      (6) in the case of a conviction, what steps the petitioner 
 25.9   has taken since the time of the offense toward personal 
 25.10  rehabilitation, including treatment, work, or other personal 
 25.11  history that demonstrates rehabilitation; 
 25.12     (7) petitioner's criminal conviction record indicating all 
 25.13  convictions for misdemeanors, gross misdemeanors, or felonies in 
 25.14  this state, and for all comparable convictions in any other 
 25.15  state, federal court, or foreign country, whether the 
 25.16  convictions occurred before or after the arrest or conviction 
 25.17  for which expungement is sought; 
 25.18     (8) petitioner's criminal charges record indicating all 
 25.19  prior and pending criminal charges against the petitioner in 
 25.20  this state or another jurisdiction, including all criminal 
 25.21  charges that have been continued for dismissal or stayed for 
 25.22  adjudication, or have been the subject of pretrial diversion; 
 25.23  and 
 25.24     (9) all prior requests by the petitioner, whether for the 
 25.25  present offense or for any other offenses, in this state or any 
 25.26  other state or federal court, for pardon, return of arrest 
 25.27  records, or expungement or sealing of a criminal record, whether 
 25.28  granted or not, and all stays of adjudication or imposition of 
 25.29  sentence involving the petitioner. 
 25.30     Subd. 3.  [SERVICE OF PETITION AND PROPOSED ORDER.] The 
 25.31  petition for expungement and a proposed expungement order shall 
 25.32  be served by mail on the state and local government agencies and 
 25.33  jurisdictions whose records would be affected by the proposed 
 25.34  order.  Service shall also be made by mail on the attorney for 
 25.35  each agency and jurisdiction. 
 25.36     Subd. 4.  [HEARING.] A hearing on the petition shall be 
 26.1   held no sooner than 60 days after service of the petition.  
 26.2      Subd. 5.  [NATURE OF REMEDY; STANDARD; FIREARMS 
 26.3   RESTRICTION.] (a) Expungement of a criminal record is an 
 26.4   extraordinary remedy to be granted only upon clear and 
 26.5   convincing evidence that it would yield a benefit to the 
 26.6   petitioner commensurate with the disadvantages to the public and 
 26.7   public safety of: 
 26.8      (1) sealing the record; and 
 26.9      (2) burdening the court and public authorities to issue, 
 26.10  enforce, and monitor an expungement order. 
 26.11     (b) If the petitioner is petitioning for the sealing of a 
 26.12  criminal record under section 609A.02, subdivision 3, the court 
 26.13  shall grant the petition to seal the record unless the agency or 
 26.14  jurisdiction whose records would be affected establishes by 
 26.15  clear and convincing evidence that the interests of the public 
 26.16  and public safety outweigh the disadvantages to the petitioner 
 26.17  of not sealing the record.  
 26.18     (c) If the court issues an expungement order it may require 
 26.19  that the criminal record shall be sealed, the existence of the 
 26.20  record shall not be revealed, and the record should not be 
 26.21  opened except as required under subdivision 7.  Records shall 
 26.22  must not be destroyed or returned to the subject of the record.  
 26.23     (d) An order expunging the record of a conviction for a 
 26.24  crime of violence as defined in section 624.712, subdivision 5, 
 26.25  must provide that the person is not entitled to ship, transport, 
 26.26  possess, or receive a firearm until ten years have elapsed since 
 26.27  the order was entered and during that time the person was not 
 26.28  convicted of any other crime of violence.  Any person whose 
 26.29  record of conviction is expunged under this section and who 
 26.30  thereafter receives a relief of disability under United States 
 26.31  Code, title 18, section 925, is not subject to the restriction 
 26.32  in this paragraph.  
 26.33     Subd. 6.  [ORDER CONCERNING CONTROLLED SUBSTANCE OFFENSES.] 
 26.34  If the court orders the sealing of the record of proceedings 
 26.35  under section 152.18, the effect of the order shall be to 
 26.36  restore the person, in the contemplation of the law, to the 
 27.1   status the person occupied before the arrest, indictment, or 
 27.2   information.  The person shall not be held guilty of perjury or 
 27.3   otherwise of giving a false statement if the person fails to 
 27.4   acknowledge the arrest, indictment, information, or trial in 
 27.5   response to any inquiry made for any purpose. 
 27.6      Subd. 7.  [LIMITATIONS OF ORDER.] (a) Upon issuance of an 
 27.7   expungement order related to a charge supported by probable 
 27.8   cause, the DNA samples and DNA records held by the bureau of 
 27.9   criminal apprehension shall not be sealed, returned to the 
 27.10  subject of the record, or destroyed. 
 27.11     (b) Notwithstanding the issuance of an expungement order: 
 27.12     (1) an expunged record may be opened for purposes of a 
 27.13  criminal investigation, prosecution, or sentencing, upon an ex 
 27.14  parte court order; and 
 27.15     (2) an expunged record of a conviction may be opened for 
 27.16  purposes of evaluating a prospective employee in a criminal 
 27.17  justice agency without a court order. 
 27.18     Upon request by law enforcement, prosecution, or 
 27.19  corrections authorities, an agency or jurisdiction subject to an 
 27.20  expungement order shall inform the requester of the existence of 
 27.21  a sealed record and of the right to obtain access to it as 
 27.22  provided by this paragraph.  For purposes of this section, a 
 27.23  "criminal justice agency" means courts or a government agency 
 27.24  that performs the administration of criminal justice under 
 27.25  statutory authority.  
 27.26     Subd. 8.  [STAY OF ORDER; APPEAL DISTRIBUTION OF 
 27.27  EXPUNGEMENT ORDERS.] An expungement order shall be automatically 
 27.28  stayed for 60 days after filing of the order and, if the order 
 27.29  is appealed, during the appeal period.  A person or an agency or 
 27.30  jurisdiction whose records would be affected by the order may 
 27.31  appeal the order within 60 days of service of notice of filing 
 27.32  of the order.  An agency or jurisdiction or officials or 
 27.33  employees thereof need not file a cost bond or supersedeas bond 
 27.34  in order to further stay the proceedings or file an appeal. The 
 27.35  court administrator shall send a copy of an expungement order to 
 27.36  each agency and jurisdiction whose records are affected by the 
 28.1   terms of the order. 
 28.2      Subd. 9.  [DISTRIBUTION OF EXPUNGEMENT ORDERS STAY OF 
 28.3   ORDER; APPEAL.] If an expungement order is issued, the court 
 28.4   administrator shall send a copy of it to each agency and 
 28.5   jurisdiction whose records are affected by the terms of the 
 28.6   order. An expungement order shall be stayed automatically for 60 
 28.7   days after the order is filed and, if the order is appealed, 
 28.8   during the appeal period.  A person or an agency or jurisdiction 
 28.9   whose records would be affected by the order may appeal the 
 28.10  order within 60 days of service of notice of filing of the order.
 28.11  An agency or jurisdiction or its officials or employees need not 
 28.12  file a cost bond or supersedeas bond in order to further stay 
 28.13  the proceedings or file an appeal. 
 28.14     Sec. 7.  Minnesota Statutes 1998, section 628.26, is 
 28.15  amended to read: 
 28.16     628.26 [LIMITATIONS.] 
 28.17     (a) Indictments or complaints for murder any crime 
 28.18  resulting in the death of the victim may be found or made at any 
 28.19  time after the death of the person killed.  
 28.20     (b) Indictments or complaints for a violation of section 
 28.21  609.25 may be found or made at any time after the commission of 
 28.22  the offense.  
 28.23     (b) (c) Indictments or complaints for violation of section 
 28.24  609.42, subdivision 1, clause (1) or (2), shall be found or made 
 28.25  and filed in the proper court within six years after the 
 28.26  commission of the offense.  
 28.27     (c) (d) Indictments or complaints for violation of sections 
 28.28  609.342 to 609.345 if the victim was under the age of 18 years 
 28.29  at the time the offense was committed, shall be found or made 
 28.30  and filed in the proper court within nine years after the 
 28.31  commission of the offense or, if the victim failed to report the 
 28.32  offense within this limitation period, within three years after 
 28.33  the offense was reported to law enforcement authorities. 
 28.34     (d) (e) Notwithstanding the limitations in paragraph (d), 
 28.35  indictments or complaints for violation of sections 609.342 to 
 28.36  609.344 if the victim was 18 years old or older at the time the 
 29.1   offense was committed, shall may be found or made and filed in 
 29.2   the proper court at any time after commission of the offense, if 
 29.3   the offense is reported to law enforcement authorities within 72 
 29.4   hours of the offense.  If the offense is not reported within 72 
 29.5   hours of the commission of the offense and the victim was 18 
 29.6   years old or older at the time of the offense, the prosecution 
 29.7   must be commenced within nine years after the commission of the 
 29.8   offense. 
 29.9      (e) (f) Indictments or complaints for violation of sections 
 29.10  609.466 and 609.52, subdivision 2, clause (3)(c) shall be found 
 29.11  or made and filed in the proper court within six years after the 
 29.12  commission of the offense. 
 29.13     (f) (g) Indictments or complaints for violation of section 
 29.14  609.52, subdivision 2, clause (3), items (a) and (b), (4), (15), 
 29.15  or (16), 609.631, or 609.821, where the value of the property or 
 29.16  services stolen is more than $35,000, shall be found or made and 
 29.17  filed in the proper court within five years after the commission 
 29.18  of the offense. 
 29.19     (g) (h) Except for violations relating to false material 
 29.20  statements, representations or omissions, indictments or 
 29.21  complaints for violations of section 609.671 shall be found or 
 29.22  made and filed in the proper court within five years after the 
 29.23  commission of the offense.  
 29.24     (h) (i) Indictments or complaints for violation of sections 
 29.25  609.561 to 609.563, shall be found or made and filed in the 
 29.26  proper court within five years after the commission of the 
 29.27  offense. 
 29.28     (i) (j)  In all other cases, indictments or complaints 
 29.29  shall be found or made and filed in the proper court within 
 29.30  three years after the commission of the offense. 
 29.31     (j) (k) The limitations periods contained in this section 
 29.32  shall exclude any period of time during which the defendant was 
 29.33  not an inhabitant of or usually resident within this state. 
 29.34     (k) (l) The limitations periods contained in this section 
 29.35  for an offense shall not include any period during which the 
 29.36  alleged offender participated under a written agreement in a 
 30.1   pretrial diversion program relating to that offense. 
 30.2      (1) (m) The limitations periods contained in this section 
 30.3   shall not include any period of time during which physical 
 30.4   evidence relating to the offense was undergoing DNA analysis, as 
 30.5   defined in section 299C.155, unless the defendant demonstrates 
 30.6   that the prosecuting or law enforcement agency purposefully 
 30.7   delayed the DNA analysis process in order to gain an unfair 
 30.8   advantage. 
 30.9      Sec. 8.  [EFFECTIVE DATE.] 
 30.10     Sections 1 to 5 are effective August 1, 2000, and apply to 
 30.11  offenses committed on or after that date.  Section 7 is 
 30.12  effective August 1, 2000, and applies to crimes committed on or 
 30.13  after that date and to crimes committed before that date if the 
 30.14  limitation period for the crime did not expire before August 1, 
 30.15  2000. 
 30.16                             ARTICLE 4
 30.17                     DATA PRACTICES PROVISIONS
 30.18     Section 1.  Minnesota Statutes 1999 Supplement, section 
 30.19  13.46, subdivision 2, is amended to read: 
 30.20     Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
 30.21  a statute specifically provides a different classification, data 
 30.22  on individuals collected, maintained, used, or disseminated by 
 30.23  the welfare system is private data on individuals, and shall not 
 30.24  be disclosed except:  
 30.25     (1) according to section 13.05; 
 30.26     (2) according to court order; 
 30.27     (3) according to a statute specifically authorizing access 
 30.28  to the private data; 
 30.29     (4) to an agent of the welfare system, including a law 
 30.30  enforcement person, attorney, or investigator acting for it in 
 30.31  the investigation or prosecution of a criminal or civil 
 30.32  proceeding relating to the administration of a program; 
 30.33     (5) to personnel of the welfare system who require the data 
 30.34  to determine eligibility, amount of assistance, and the need to 
 30.35  provide services of additional programs to the individual; 
 30.36     (6) to administer federal funds or programs; 
 31.1      (7) between personnel of the welfare system working in the 
 31.2   same program; 
 31.3      (8) the amounts of cash public assistance and relief paid 
 31.4   to welfare recipients in this state, including their names, 
 31.5   social security numbers, income, addresses, and other data as 
 31.6   required, upon request by the department of revenue to 
 31.7   administer the property tax refund law, supplemental housing 
 31.8   allowance, early refund of refundable tax credits, and the 
 31.9   income tax.  "Refundable tax credits" means the dependent care 
 31.10  credit under section 290.067, the Minnesota working family 
 31.11  credit under section 290.0671, the property tax refund under 
 31.12  section 290A.04, and, if the required federal waiver or waivers 
 31.13  are granted, the federal earned income tax credit under section 
 31.14  32 of the Internal Revenue Code; 
 31.15     (9) between the department of human services, the 
 31.16  department of children, families, and learning, and the 
 31.17  department of economic security for the purpose of monitoring 
 31.18  the eligibility of the data subject for reemployment 
 31.19  compensation, for any employment or training program 
 31.20  administered, supervised, or certified by that agency, for the 
 31.21  purpose of administering any rehabilitation program or child 
 31.22  care assistance program, whether alone or in conjunction with 
 31.23  the welfare system, or to monitor and evaluate the Minnesota 
 31.24  family investment program by exchanging data on recipients and 
 31.25  former recipients of food stamps, cash assistance under chapter 
 31.26  256, 256D, 256J, or 256K, child care assistance under chapter 
 31.27  119B, or medical programs under chapter 256B, 256D, or 256L; 
 31.28     (10) to appropriate parties in connection with an emergency 
 31.29  if knowledge of the information is necessary to protect the 
 31.30  health or safety of the individual or other individuals or 
 31.31  persons; 
 31.32     (11) data maintained by residential programs as defined in 
 31.33  section 245A.02 may be disclosed to the protection and advocacy 
 31.34  system established in this state according to Part C of Public 
 31.35  Law Number 98-527 to protect the legal and human rights of 
 31.36  persons with mental retardation or other related conditions who 
 32.1   live in residential facilities for these persons if the 
 32.2   protection and advocacy system receives a complaint by or on 
 32.3   behalf of that person and the person does not have a legal 
 32.4   guardian or the state or a designee of the state is the legal 
 32.5   guardian of the person; 
 32.6      (12) to the county medical examiner or the county coroner 
 32.7   for identifying or locating relatives or friends of a deceased 
 32.8   person; 
 32.9      (13) data on a child support obligor who makes payments to 
 32.10  the public agency may be disclosed to the higher education 
 32.11  services office to the extent necessary to determine eligibility 
 32.12  under section 136A.121, subdivision 2, clause (5); 
 32.13     (14) participant social security numbers and names 
 32.14  collected by the telephone assistance program may be disclosed 
 32.15  to the department of revenue to conduct an electronic data match 
 32.16  with the property tax refund database to determine eligibility 
 32.17  under section 237.70, subdivision 4a; 
 32.18     (15) the current address of a Minnesota family investment 
 32.19  program participant may be disclosed to law enforcement officers 
 32.20  who provide the name of the participant and notify the agency 
 32.21  that: 
 32.22     (i) the participant: 
 32.23     (A) is a fugitive felon fleeing to avoid prosecution, or 
 32.24  custody or confinement after conviction, for a crime or attempt 
 32.25  to commit a crime that is a felony under the laws of the 
 32.26  jurisdiction from which the individual is fleeing; or 
 32.27     (B) is violating a condition of probation or parole imposed 
 32.28  under state or federal law; 
 32.29     (ii) the location or apprehension of the felon is within 
 32.30  the law enforcement officer's official duties; and 
 32.31     (iii)  the request is made in writing and in the proper 
 32.32  exercise of those duties; 
 32.33     (16) the current address of a recipient of general 
 32.34  assistance or general assistance medical care may be disclosed 
 32.35  to probation officers and corrections agents who are supervising 
 32.36  the recipient and to law enforcement officers who are 
 33.1   investigating the recipient in connection with a felony level 
 33.2   offense; 
 33.3      (17) information obtained from food stamp applicant or 
 33.4   recipient households may be disclosed to local, state, or 
 33.5   federal law enforcement officials, upon their written request, 
 33.6   for the purpose of investigating an alleged violation of the 
 33.7   Food Stamp Act, according to Code of Federal Regulations, title 
 33.8   7, section 272.1(c); 
 33.9      (18) the address, social security number, and, if 
 33.10  available, photograph of any member of a household receiving 
 33.11  food stamps shall be made available, on request, to a local, 
 33.12  state, or federal law enforcement officer if the officer 
 33.13  furnishes the agency with the name of the member and notifies 
 33.14  the agency that:  
 33.15     (i) the member: 
 33.16     (A) is fleeing to avoid prosecution, or custody or 
 33.17  confinement after conviction, for a crime or attempt to commit a 
 33.18  crime that is a felony in the jurisdiction the member is 
 33.19  fleeing; 
 33.20     (B) is violating a condition of probation or parole imposed 
 33.21  under state or federal law; or 
 33.22     (C) has information that is necessary for the officer to 
 33.23  conduct an official duty related to conduct described in subitem 
 33.24  (A) or (B); 
 33.25     (ii) locating or apprehending the member is within the 
 33.26  officer's official duties; and 
 33.27     (iii) the request is made in writing and in the proper 
 33.28  exercise of the officer's official duty; 
 33.29     (19) the current address of a recipient of Minnesota family 
 33.30  investment program, general assistance, general assistance 
 33.31  medical care, or food stamps may be disclosed to law enforcement 
 33.32  officers who, in writing, provide the name of the recipient and 
 33.33  notify the agency that the recipient is a person required to 
 33.34  register under section 243.166 but is not residing at the 
 33.35  address at which the recipient is registered under section 
 33.36  243.166; 
 34.1      (20) certain information regarding child support obligors 
 34.2   who are in arrears may be made public according to section 
 34.3   518.575; 
 34.4      (20) (21) data on child support payments made by a child 
 34.5   support obligor and data on the distribution of those payments 
 34.6   excluding identifying information on obligees may be disclosed 
 34.7   to all obligees to whom the obligor owes support, and data on 
 34.8   the enforcement actions undertaken by the public authority, the 
 34.9   status of those actions, and data on the income of the obligor 
 34.10  or obligee may be disclosed to the other party; 
 34.11     (21) (22) data in the work reporting system may be 
 34.12  disclosed under section 256.998, subdivision 7; 
 34.13     (22) (23) to the department of children, families, and 
 34.14  learning for the purpose of matching department of children, 
 34.15  families, and learning student data with public assistance data 
 34.16  to determine students eligible for free and reduced price meals, 
 34.17  meal supplements, and free milk according to United States Code, 
 34.18  title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 
 34.19  allocate federal and state funds that are distributed based on 
 34.20  income of the student's family; and to verify receipt of energy 
 34.21  assistance for the telephone assistance plan; 
 34.22     (23) (24) the current address and telephone number of 
 34.23  program recipients and emergency contacts may be released to the 
 34.24  commissioner of health or a local board of health as defined in 
 34.25  section 145A.02, subdivision 2, when the commissioner or local 
 34.26  board of health has reason to believe that a program recipient 
 34.27  is a disease case, carrier, suspect case, or at risk of illness, 
 34.28  and the data are necessary to locate the person; 
 34.29     (24) (25) to other state agencies, statewide systems, and 
 34.30  political subdivisions of this state, including the attorney 
 34.31  general, and agencies of other states, interstate information 
 34.32  networks, federal agencies, and other entities as required by 
 34.33  federal regulation or law for the administration of the child 
 34.34  support enforcement program; 
 34.35     (25) (26) to personnel of public assistance programs as 
 34.36  defined in section 256.741, for access to the child support 
 35.1   system database for the purpose of administration, including 
 35.2   monitoring and evaluation of those public assistance programs; 
 35.3      (26) (27) to monitor and evaluate the Minnesota family 
 35.4   investment program by exchanging data between the departments of 
 35.5   human services and children, families, and learning, on 
 35.6   recipients and former recipients of food stamps, cash assistance 
 35.7   under chapter 256, 256D, 256J, or 256K, child care assistance 
 35.8   under chapter 119B, or medical programs under chapter 256B, 
 35.9   256D, or 256L; or 
 35.10     (27) (28) to evaluate child support program performance and 
 35.11  to identify and prevent fraud in the child support program by 
 35.12  exchanging data between the department of human services, 
 35.13  department of revenue under section 270B.14, subdivision 1, 
 35.14  paragraphs (a) and (b), without regard to the limitation of use 
 35.15  in paragraph (c), department of health, department of economic 
 35.16  security, and other state agencies as is reasonably necessary to 
 35.17  perform these functions.  
 35.18     (b) Information on persons who have been treated for drug 
 35.19  or alcohol abuse may only be disclosed according to the 
 35.20  requirements of Code of Federal Regulations, title 42, sections 
 35.21  2.1 to 2.67. 
 35.22     (c) Data provided to law enforcement agencies under 
 35.23  paragraph (a), clause (15), (16), (17), or (18), or paragraph 
 35.24  (b), are investigative data and are confidential or protected 
 35.25  nonpublic while the investigation is active.  The data are 
 35.26  private after the investigation becomes inactive under section 
 35.27  13.82, subdivision 5, paragraph (a) or (b). 
 35.28     (d) Mental health data shall be treated as provided in 
 35.29  subdivisions 7, 8, and 9, but is not subject to the access 
 35.30  provisions of subdivision 10, paragraph (b).  
 35.31     For the purposes of this subdivision, a request will be 
 35.32  deemed to be made in writing if made through a computer 
 35.33  interface system. 
 35.34     Sec. 2.  Minnesota Statutes 1998, section 13.54, 
 35.35  subdivision 6, is amended to read: 
 35.36     Subd. 6.  [LAW ENFORCEMENT ACCESS TO CERTAIN DATA.] A 
 36.1   public housing agency that enters a contract for assistance 
 36.2   under United States Code, title 42, sections 1437 to 1440, shall 
 36.3   furnish a local, state, or federal law enforcement officer, upon 
 36.4   the officer's request, with the current address, social security 
 36.5   number, and photograph, if available, of a recipient of 
 36.6   assistance under United States Code, title 42, sections 1437 to 
 36.7   1440, if the officer: 
 36.8      (1) provides the name of the recipient to the housing 
 36.9   agency; and 
 36.10     (2) notifies the agency that: 
 36.11     (i) the recipient: 
 36.12     (A) is fleeing to avoid prosecution, or custody or 
 36.13  confinement after conviction, under the laws of the jurisdiction 
 36.14  from which the individual is fleeing, for a crime which is a 
 36.15  felony under the laws of that jurisdiction; 
 36.16     (B) is violating a condition of probation or parole imposed 
 36.17  under state or federal law; or 
 36.18     (C) is a person required to register under section 243.166 
 36.19  and is not residing at the address at which the person is 
 36.20  registered under section 243.166; or 
 36.21     (D) has information necessary for the officer to conduct 
 36.22  the officer's official duties; 
 36.23     (ii) the location or apprehension of the individual is 
 36.24  within the officer's official duties; and 
 36.25     (iii) the request is made in writing and in the proper 
 36.26  exercise of the officer's official duties. 
 36.27     Sec. 3.  [176.862] [DISCLOSURE TO LAW ENFORCEMENT.] 
 36.28     The commissioner must disclose the current address of an 
 36.29  employee collected or maintained under this chapter to law 
 36.30  enforcement officers who provide the name of the employee and 
 36.31  notify the commissioner that the employee is a person required 
 36.32  to register under section 243.166 and is not residing at the 
 36.33  address at which the employee is registered under section 
 36.34  243.166.